IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
RP NO. 140 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 20015/2021 OF HIGH COURT
OF KERALA
REVIEW PETITIONERS:
1 S.D.RAJEEV
AGED 54 YEARS
S/O. LATE DAYANANDA BABU
SANTHAVILASAM, PATTANAKKAD
CHERTHALA, ALAPPUZHA DISTRICT
2 M.B. PRASAD
AGED 64 YEARS
S/O.K.R.VASDUDEVAN
MAVUNGAL HOUSE, PATTANAKKAD PO
CHERTHALA, ALAPPUZHA DISTRICT
3 HAPPY P AABU
AGED 42 YEARS
S/O.AABU, LAKSHMI SADANAM
MUHAMMA PO, ALAPPUZHA DISTRICT
BY ADVS.
S.GOPAKUMARAN NAIR (SR.)
ASWIN KUMAR M J
SOORAJ T.ELENJICKAL
RENOY VINCENT
HELEN P.A.
ARUN ROY
SHAHIR SHOWKATH ALI
RESPONDENTS:
1 DR.C.BEENAKUMARI
AGED 64 YEARS
TC.15/788-USRA-117
UDARA SIROMANI ROAD
VELLAYAMBALAM
THIRUVANANTHAPURAM-695 010
RP No.140/2022
:2:
2 THE SATE OF KERALA REPRESENTED BY
THE SECRETARY TO GOVERNMENT
DEPARTMENT OF TREASURIES
SECRETARIAT, THIRUVANANTHAPURAM-695 001
3 DIRECTOR OF TREASURIES
GOVERNMENT OF KERALA
THIRUVANANTHAPURAM-695 001
4 THE TREASURY OFFICER
DISTRICT TREASURY,
TRIVANDRUM-695 001
5 THE TREASURY OFFICER
DISTRICT SUB TREASURY
ALAPPUZHA 688 501
BY ADVS.
N.NANDAKUMARA MENON (SR.)
P.K.MANOJKUMAR
SMITHA S.PILLAI
ALICE THOMAS
M.C.SINY
SRI.SYAMANTHAK B S, GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP No.140/2022
:3:
N. NAGARESH, J.
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R.P. No.140 of 2022
in
W.P.(C) No.20015 of 2021
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Dated this the 27th day of July, 2022
ORDER
~~~~~~ The review petitioners, who were not parties to the writ petition, have approached this Court seeking to review the judgment dated 09.11.2021 in WP(C) No.20015 of 2021, alleging error apparent on the face of the records.
2. The writ petitioner, daughter of one of the sisters of late K.R.Gouri Amma, filed the writ petition seeking to direct the respondents to release the Treasury Savings Bank amounts covered by Exts.P5 and P6 in the name of late Gouri Amma. The application to release the amounts was earlier rejected by the Treasury authorities on the ground that the Will of late Gouri Amma based on which the writ RP No.140/2022 :4: petitioner claimed the amounts, was not probated. This Court, in the judgment dated 09.11.2021, directed the respondents in the writ petition, to release to the petitioner the amounts due to the petitioner under the Will.
3. The petitioners in the Review Petition are grandson, and son and grandson of the siblings of late Gouri Amma. The review petitioners state that late Gouri Amma had cancelled the aforesaid Will and destroyed the same. The claim of the writ petitioner was based on a certified copy of the destroyed Will. The writ petitioner filed the writ petition based on a will cancelled and destroyed by the Testator. Hence, this Court ought not have given a direction to release to the writ petitioner the Treasury Bank amount in the name of late K.R Gouri Amma, when the very existence and validity of the Will is questionable.
4. I have heard the learned Senior Counsel assisted by the respective counsel appearing for the review petitioners and the writ petitioner. I have also heard the learned Government Pleader representing the official RP No.140/2022 :5: respondents.
5. The writ petitioner challenged Ext.P4 letter of the Director of Treasuries which demanded a probated Will for closing the accounts of late K.R. Gouri Amma. The question that arose before the Court in W.P.(C) No.20015 of 2021 was whether a Will executed by late Gouri Amma needed to be probated, to be acted upon. This Court held that the stand of the Director of Treasuries that the Will has to be probated cannot be sustained. In that context, this Court directed the respondents in the writ petition to release to the petitioner the Treasury Saving Bank amounts covered by Exts.P5 and P6 in the name of K.R. Gouri Amma.
6. The finding and conclusion of this Court in the judgment dated 09.11.2021 in the writ petition was only that the Will in question need not be probated. None of the parties to the writ petition had brought to the notice of this Court any dispute regarding the legality or validity of the Will. Therefore, this Court does not find that there is any error apparent on the face of the records of the writ petition, RP No.140/2022 :6: warranting a review of the judgment dated 09.11.2021 in the writ petition.
7. However, fact remains that the review petitioners have serious objections regarding the very existence of the Will. This is a matter which has not been in issue in the writ petition and therefore not adjudicated.
Hence, the review petition is disposed of clarifying that this Court has not adjudicated the legality or existence of Ext.P2 Will.
Sd/-
N. NAGARESH, JUDGE aks/01.08.2022 RP No.140/2022 :7: APPENDIX PETITIONER'S EXTS:
ANNEXURE-1 COPY OF NOTIFICATION PUBLISHED IN MANGALAM DAILY DTD 26.10.2021.
ANNEXURE-2 COPY OF OBJECTION SENT BY THE FATHER OF 1ST PETITIONER TO 1ST RESPONDENT DTD 30.10.2021 ANNEXURE-3 COPY OF OBJECTION SENT BY GRANDSON OF GOURI AMMA'S ELDER SISTER KR NARAYANI AMMA DTD 30.10.2021 ANNEXURE-4 COPY OF COMPLAINT LODGED BY 2ND PETITIONER BEFORE SUB TREASURY OFFICER, ALAPPUZHA DTD 30.10.2021 ANNEXURE-5 COPY OF COMPLAINT LODGED BY 2ND PETITIONER BEFORE THE DISTRICT TREASURY OFFICER, ALAPPUZHA DTD 30.10.2021 ANNEXURE-6 COPY OF SKETCH OF KALATHIPARAMBIL FAMILY TREE. RESPONDENT'S EXT:
ANNEXURE-R(1) COPY OF NOTIFICATION DTD 9.1.2022 PUBLISHED IN MANGALAM DAILY.